June

Blog Posts in June, 2015

Has a debt collector like Portfolio Recovery Associates telephoned you demanding payment for a debt dating back many years old? Has the collector left harassing messages on your phone? We see this happen frequently, and often times the consumer does not even owe the amount the collector demands be paid. Our Portfolio Recovery defense lawyers are experiences turning an abusive debt collection ...

In this Bronx Civil Court default judgment contest [1] , the debtor was not represented by an attorney and did not review the court file prior to filing a motion to vacate judgment. The judgment debtor was unaware of the date or manner in which the process server documents showed the lawsuit was delivered. Accordingly, the defendant failed to specifically dispute the judgment creditor’s evidence ...

When the billing statements for a credit card show unauthorized purchases or finance charges, learn how to get the entire account balance dismissed. Promptly send a dispute letter to collection companies that pursue debt you do not owe. Don’t let the bank re-write the history of the case by sending you inaccurate statements that you accept without opposition. If the debt is challenged properly, a ...

Many consumers with financial hardship are relatively pleased to learn that a debt collection judgment cannot be enforced because all the consumer’s assets are exempt from levy. For example, if you earn less than 30 times the federal hourly minimum wage, your pay check cannot be garnished. Certain tangible housewares and tools used in your professional work are likewise excluded from judgment ...

In Madden v. Midland Funding, LLC [1] , the U.S. Court of Appeals for the Second Circuit held that a company purchasing a debt account from a National Bank may not be allowed to continue charging the same rate of interest on your account. The National Bank Act provides for formation of banks that exist without a state charter. National Banks must designate a particular state as their principal ...

In a case brought under the FDCPA, debt collectors do not have to provide the consumer information on tax liability for debt forgiveness income. A common debt collection settlement will include an agreement by the creditor to waive a portion of the amount owed, provided the remainder of the account balance is paid off. Be sure to consider what debt cancellation tax you may incur before signing or ...